BILL NUMBER: AB 409 CHAPTERED BILL TEXT CHAPTER 552 FILED WITH SECRETARY OF STATE OCTOBER 7, 2001 APPROVED BY GOVERNOR OCTOBER 5, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 INTRODUCED BY Assembly Member Correa (Coauthor: Assembly Member Negrete McLeod) FEBRUARY 20, 2001 An act to amend Section 13961.01 of the Government Code, relating to victims of crime, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 409, Correa. Victims of crime: extension of filing period. Existing law provides for the indemnification of victims and derivative victims of specified types of crimes from the Restitution Fund, which is continuously appropriated to the California Victim Compensation and Government Claims Board for these purposes. A victim or derivative victim is generally required to file an application for assistance with the board within one year of the crime or the date the victim attains 18 years of age, whichever is later, unless that deadline is extended for good cause to a 3-year period under certain circumstances. Existing law authorizes, until January 1, 2003, an additional extension to be granted for good cause under certain circumstances. This bill would also authorize an additional extension for filing an application when it is filed by a victim or derivative victim of a crime for which the perpetrator or perpetrators received a sentence of death or life without possibility of parole, and certain other conditions are met. It would also extend the effective date of the provisions regarding the additional extension to January 1, 2004. By providing for expanded and continued uses of a continuously appropriated fund, this bill would make an appropriation. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13961.01 of the Government Code is amended to read: 13961.01. (a) In addition to the additional extension for good cause authorized under Section 13961, the board may also for good cause grant an additional extension beyond three years when the claim is filed under any of the following circumstances: (1) The application is filed by a minor derivative victim where the direct victim is permanently disabled or has died as a result of the crime. (2) The application is filed based on a crime described in Section 261, 286, 288, 288a, 288.5, or 289 of the Penal Code, or penetration of an anal or genital opening as described in Section 289.5 of the Penal Code as it existed prior to January 1, 1995, and all of the following criteria are met: (A) The victim was under the age of 18 years at the time the crime was committed. (B) The crime was reported to a law enforcement agency, as defined in subdivision (p) of Section 290 of the Penal Code, or a child protective agency, as defined in Section 11165.9 of the Penal Code. (C) The application is accompanied by either of the following: (i) A copy of the report of the crime filed with an agency described in subparagraph (B) and a recommendation from either the investigating officer or the prosecuting attorney that the application for late filing be approved, and the application is filed within one year of the date the victim receives the recommendation. (ii) Documentation that a complaint, information, or indictment alleging the crime giving rise to the application was filed. (3) The direct victim has died as a result of the crime, but the fact is not discovered until after the expiration of the time limits imposed by this section. (4) The application is filed by a victim or derivative victim of a crime for which the perpetrator or perpetrators received a sentence of death or life without possibility of parole and either of the following is true: (A) The prosecuting attorney or a law enforcement officer documents that the victim or derivative victim filing the application was not informed of the provisions of this chapter within the time period for filing an application under subdivision (c) of Section 13961. (B) The victim or derivative victim filing the application provides documentation that he or she received notice from the Board of Prison Terms, the Attorney General, or the prosecuting district attorney's office that a date was set for a clemency hearing or an execution of the perpetrator or perpetrators. (b) No application shall be denied under paragraphs (1) to (4), inclusive, of subdivision (a) solely because the crime was not reported to law enforcement within a specified time period. (c) For the purposes of this section, the board may consider applications filed with the board on or after October 4, 1993, that meet the criteria for delayed filing as set forth in subdivision (a). (d) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.